Mallory & Evans Contractors & Engineers, LLC v. Tuskegee University
2011 U.S. App. LEXIS 24093
11th Cir.2011Background
- The district court acknowledged jurisdiction but held jurisdiction cannot be created by consent and raised concerns sua sponte about subject-matter jurisdiction.
- Mallory & Evans LLC pled citizenship as a Georgia LLC with principal place of business in Scottdale, Georgia, which is insufficient under 28 U.S.C. § 1332 and our Rolling Greens framework.
- Tuskegee University is described as an Alabama institution, which is an insufficient articulation of citizenship under § 1332 for a corporation-like entity and for purposes of diversity analysis.
- The court invited Mallory & Evans to move to amend the complaint to allege the citizenship of all LLC members and Tuskegee, within fourteen days, to cure defective jurisdictional allegations, citing § 1653.
- If no amendment is filed, the court directed the parties to file briefs within twenty-one days addressing whether the record shows Mallory & Evans's and Tuskegee's citizenship at filing, and whether remand would be appropriate to determine diversity.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the district court lacks jurisdiction due to defective citizenship allegations | Mallory & Evans contends proper diversity exists if members' citizenship is alleged. | Tuskegee argues lack of proper diversity allegations forecloses jurisdiction. | Court invites amendment to cure citizenship defects; may remand if unresolved. |
| Whether defective jurisdictional allegations may be amended to create diversity | Defective allegations may be amended to allege true citizenship. | Amendment is necessary to establish jurisdictional facts. | Defective allegations may be amended under 28 U.S.C. § 1653. |
Key Cases Cited
- Rolling Greens MHP, L.P. v. Comcast SCH Holdings, L.L.C., 374 F.3d 1020 (11th Cir. 2004) (unincorporated entity citizenship based on members' citizenship)
- Fitzgerald v. Seaboard Sys. R.R., Inc., 760 F.2d 1249 (11th Cir.1985) (courts may raise jurisdictional concerns sua sponte)
- Firemen's Ins. Co. of Newark, N.J. v. Robbins Coal Co., 288 F.2d 349 (5th Cir.1961) (defective jurisdictional allegations may be amended)
- Lowry v. Int'l Bhd. of Boilermakers, Iron Shipbuilders & Helpers of Am., 259 F.2d 568 (5th Cir.1958) (jurisdiction cannot be created by consent)